Disability Lawsuit Against Art College for Door Compliance with ADA

Richard Acree at ADA Inspections Nationwide, LLC, (ADAIN) successfully completed a Disability Lawsuit against an Art College for door compliance with the Americans with Disability Act (ADA).

Richard served on behalf of the plaintiff in a case where the plaintiff identified doors within the facility that impaired the plainitiff’s ability to maneuver into and out of the exterior doors, and through the interior doors, including doors to the toilet rooms and classrooms.

Title III of the ADA mandates that architectural barriers to access and violations of the ADA Standards for Accessible Design will be removed in a manner that is consistent with Title III of the ADA, and the Title III regulations, 28 C.F.R. Part 36, including to the extent applicable the 2010 Standards for Accessible Design (the 2010 Standards). The 2010 ADA Standards consist of the 2004 ADA Accessibility Guidelines (ADAAG) and the requirements contained in subpart D of 28 C.F.R. Part 46. The 2004 ADAAG means the requirements set forth in appendices B and D to 36 C.F.R. Part 1191 (2009).

On behalf of the plaintiff, Richard inspected most of the doors at this facility for compliance with the 2010 Standards. There are several issues that can apply to any door and there are some differences between exterior and interior doors. Issues common to all doors include:

• Door width

• Threshold height and slope

• Signage

• A smooth surface within 10 inches of the floor

• Projections into the clear area

• Maneuvering space when approaching the door

• Floor surface on both sides of the door

• Door hardware such as door handles and locks

• Force required to open the door

• Speed at which doors with closers actually close

• Spacing between door in series (in a vestibule)

• Glass installations in the door or near the door

The diagram below is representative of some of these installation criteria.

The result of this lawsuit and settlement was significant for the plaintiff. Not only did most of the doors not fully comply with the ADA Standards, the building had recently undergone several remodelings and new additions, but the doors to the existing toilet rooms had not been brought into compliance.

The 2010 Standards, Part 36.403, Alterations: Path of Travel, (2) , states, “In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order:

(i) An accessible entrance;

(ii) An accessible route to the altered area;

(iii) At least one accessible restroom for each sex or a single unisex restroom;

(iv) Accessible telephones;

(v) Accessible drinking fountains; and

(vi) When possible, additional accessible elements such as parking, storage, and alarms.”

If you observe a building that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.